What is the eviction process in South Carolina?

1. Statutory Framework. South Carolina eviction is governed by the Ejectment of Tenants statute (S.C. Code §§ 27-37-10 to 27-37-160) and the South Carolina Residential Landlord and Tenant Act (SCRLTA), S.C. Code §§ 27-40-10 to 27-40-940.

2. Pre-Filing Notice. Nonpayment requires a 5-day notice to pay or quit (S.C. Code § 27-40-710(B)), but a single notice in the lease that "rent not paid within 5 days terminates the lease" satisfies the entire tenancy. Material noncompliance requires a 14-day notice to cure (§ 27-40-710(A)). Month-to-month termination requires 30 days under § 27-40-770.

3. Filing the Complaint. File the Application for Ejectment and Rule to Show Cause in the magistrate court for the county where the property is located. Filing fee is approximately $40-$65.

4. Tenant Answer / Default. Tenant must respond within 10 days of service of the Rule to Show Cause; failure to answer results in immediate writ of ejectment.

5. Hearing. If tenant answers, magistrate sets a hearing. Defenses include warranty of habitability (S.C. Code § 27-40-440), retaliation (§ 27-40-910), and federal Fair Housing Act discrimination. Either party may appeal to circuit court within 5 days.

6. Writ of Possession. Writ of ejectment issues after the 10-day answer period or after judgment. Constable/sheriff posts a notice (typically 24 hours) before executing the eviction.

7. Self-Help Prohibition. S.C. Code § 27-40-660 prohibits self-help lockouts, utility cutoffs, and removal of belongings. Tenants may recover possession plus three months' rent or actual damages (whichever is greater) plus reasonable attorney's fees.

8. CARES Act. Federally-backed properties require a 30-day notice to vacate under 15 U.S.C. § 9058 prior to nonpayment filings.

9. Just-Cause. South Carolina has no statewide just-cause requirement and S.C. Code § 27-39-60 preempts local rent regulation.

This is legal information, not legal advice.